Whether it started with a simple misunderstanding or a heated moment gone wrong, being charged with theft or assault in Minnesota is a serious matter. What many people don’t realize is how quickly a seemingly minor offense can escalate into a felony—and how drastically that can affect your future.
At Martine Law, we’ve helped countless Minnesotans navigate charges ranging from shoplifting to aggravated assault. This guide breaks down the key differences between misdemeanors and felonies, what each charge really means, and what you can expect if you’re facing theft or assault charges in Minnesota.
What’s the Difference Between a Misdemeanor and a Felony in Minnesota?
The terms misdemeanor and felony refer to the severity of a criminal offense and the potential penalties.
🔹 Misdemeanor
- Maximum penalty: 90 days in jail and a $1,000 fine
- Often includes minor theft (under $500), disorderly conduct, and simple assault
- Typically handled in lower court
- May not require jail time (can be probation or fines)
🔹 Gross Misdemeanor
- Up to 1 year in jail and a $3,000 fine
- More serious than a regular misdemeanor
- Includes repeat offenses, theft between $500–$1,000, or assaults with minor injuries
🔹 Felony
- More than 1 year in prison
- Includes theft over $1,000, repeat offenses, and violent or weapon-based assaults
- Convictions carry long-term consequences, including loss of civil rights
In Minnesota, the value of stolen property or severity of harm caused often determines whether a case is charged as a misdemeanor or felony.
Theft Charges in Minnesota: How They Escalate
Minnesota classifies theft under Minnesota Statute § 609.52, which covers everything from shoplifting to financial fraud. But it’s not just the act that matters—it’s also how much was taken and the circumstances around the theft.
Misdemeanor Theft (Petty Theft)
- Property value under $500
- Common in shoplifting cases
- Up to 90 days in jail and $1,000 in fines
- Often handled with probation or diversion programs
Gross Misdemeanor Theft
- Value between $500 and $1,000
- Possible 1-year jail sentence
- May be enhanced if it’s a repeat offense
Felony Theft
- Value over $1,000, or
- Theft from a vulnerable adult
- Use of force or threat during the act
- Multiple thefts combined (aggregated) within a short time
Example: Stealing electronics worth $2,500 from a store = felony.
It’s also important to note that past convictions can upgrade a misdemeanor to a felony—even if the current theft would otherwise be minor.
Assault Charges in Minnesota: Degrees Explained
Assault charges are outlined under Minnesota Statute § 609.221 – § 609.2242, and they vary widely depending on injury severity, weapon use, and relationship to the victim.
Fifth-Degree Assault (Misdemeanor)
- Intent to cause fear of harm or attempted physical harm
- No visible injury required
- Up to 90 days in jail
- Often charged after bar fights, road rage, or domestic arguments
Fourth-Degree Assault (Gross Misdemeanor)
- Assault against protected classes (police, firefighters, teachers, etc.)
- Up to 1 year in jail and a $3,000 fine
Third-Degree Assault (Felony)
- Substantial bodily harm (broken bones, deep cuts)
- Includes assault on a child under 4
- Up to 5 years in prison and a $10,000 fine
Second-Degree Assault (Felony)
- Assault with a dangerous weapon
- No injury required—just brandishing or use
- Up to 7 years (or more if injuries occurred)
First-Degree Assault (Felony)
- Great bodily harm—injuries that cause permanent disfigurement or life-threatening consequences
- Up to 20 years in prison
Understanding the degree of assault you’re charged with is critical—because it determines not just the sentence, but also the long-term legal fallout.
When Misdemeanors Become Felonies
In many theft or assault cases, what begins as a misdemeanor can quickly escalate to a felony under certain conditions:
For Theft:
- Theft from an employer
- Multiple petty thefts in a short period
- Theft during a burglary (entering a home or business illegally)
- Prior convictions on your record
For Assault:
- Injuring someone badly enough to require medical care
- Use of a firearm or knife
- Assaulting a law enforcement officer
- Domestic violence with a history of past incidents
Prosecutors may file enhanced charges to push for harsher penalties. This is why early intervention from a criminal defense lawyer is essential—your attorney may be able to reduce the charges before they stick.
The Legal Process: From Arrest to Sentencing
1. Arrest & Booking
Police take you into custody, document the charge, and hold you until a bail hearing.
2. First Court Appearance
Within 36–48 hours, you’ll appear before a judge for formal charges and bail determination.
3. Arraignment
You enter a plea—not guilty, guilty, or no contest. Most defendants plead not guilty initially.
4. Discovery Phase
Your attorney gathers evidence, interviews witnesses, and may file motions to dismiss or suppress evidence.
5. Negotiation or Trial
Many cases resolve through plea bargains. If not, your case goes to trial by jury or judge.
6. Sentencing
If convicted, sentencing is determined based on the degree of the crime, criminal history, and mitigating/aggravating factors.
Common Defenses Against Theft and Assault Charges
Being charged doesn’t mean you’ll be convicted. An experienced defense attorney can explore multiple strategies to either reduce the charges or have them dismissed entirely.
🔹 Defense Strategies for Theft Charges
- Lack of Intent
Theft charges require proof that you intentionally took or retained property. If you didn’t realize the item was not yours—or believed you had permission—it may undermine the prosecution’s case. - Mistaken Identity
Video footage or eyewitness accounts are not always reliable. Your attorney may argue that you were misidentified, especially in cases involving crowded areas like malls or public events. - Ownership Disputes
In some cases, the item in question may have been jointly owned or previously gifted. This is especially common in family disputes or roommate situations. - Duress or Necessity
If you took something under threat or extreme circumstances (e.g., to escape harm), this may be raised as a defense.
🔹 Defense Strategies for Assault Charges
- Self-Defense or Defense of Others
Minnesota law allows reasonable force to protect yourself or another from imminent harm. If you acted to prevent injury to yourself or a loved one, your attorney can argue self-defense. - Lack of Intent
Many assault charges hinge on the idea of intent. If your actions were accidental (e.g., bumping into someone in a crowded bar), that may be enough to challenge the charges. - Consent
In cases like mutual fights or sports-related altercations, both parties may have agreed to physical contact. This is more common in misdemeanor-level cases. - No Bodily Harm or Threat
If the alleged victim didn’t suffer any real harm—or wasn’t genuinely fearful for their safety—your attorney can challenge whether the legal threshold for assault was met.
Alternative Sentencing Options
Not all theft and assault convictions lead to jail or prison. Minnesota offers several alternatives, especially for first-time offenders or those charged with misdemeanors.
✅ Diversion Programs
Counties across Minnesota offer pre-trial diversion programs. These often include:
- Restitution to the victim
- Community service
- Counseling or anger management
- No further offenses during a set period
If completed successfully, your case may be dismissed—and you avoid a criminal record.
✅ Stay of Adjudication
In this arrangement:
- You plead guilty
- The court delays entering a conviction
- You follow court-ordered conditions (like probation)
If you comply, your case is dismissed and you walk away with no conviction on your record.
✅ Restorative Justice
Some communities in Minnesota support restorative justice panels. These programs allow the offender to apologize directly to the victim, perform meaningful community service, and learn from the experience.
These programs can humanize the legal process and are especially helpful for youth or nonviolent offenders.
Long-Term Consequences of Felony vs. Misdemeanor Convictions
Even after jail time or probation ends, a criminal record can create lasting roadblocks.
🚫 Employment Barriers
Felony convictions—especially for violent crimes like assault—often disqualify individuals from jobs in:
- Law enforcement
- Education
- Government
- Healthcare
- Finance
Even misdemeanors like petty theft can raise red flags for employers who conduct background checks.
🚫 Housing Restrictions
Many landlords screen applicants for criminal records. A theft or assault conviction may be grounds for denial—especially in subsidized housing programs.
🚫 Firearm Rights
Under federal and state law, felons lose their right to own or possess firearms. In some cases, this right can be restored, but it requires court approval and a waiting period.
🚫 Voting Rights
If convicted of a felony in Minnesota, you lose your right to vote until your sentence is complete (including probation or parole). Recent legislative changes may affect restoration—ask your attorney for current guidance.
🚫 Immigration Issues
Non-U.S. citizens may face deportation, denial of naturalization, or visa renewal issues after a theft or assault conviction—especially if the offense is considered a “crime of moral turpitude.”
Can You Clear Your Record? (Expungement in MN)
Yes—Minnesota law allows many criminal records to be sealed from public view through a legal process called expungement.
✅ You may be eligible if:
- You completed a diversion program or stay of adjudication
- It’s been 2–5 years since completing your sentence
- You’ve remained law-abiding since
- The offense was nonviolent or a lower-level felony
✅ Benefits of Expungement:
- Background checks come back clean
- Better access to jobs and housing
- No need to disclose the charge on most applications
LawHelpMN.org offers a step-by-step guide on expungement eligibility and filing in Minnesota.
Real Case Example: From Felony to Fresh Start
Let’s take Marcus (name changed), a 28-year-old Minneapolis man charged with felony third-degree assault after a neighborhood altercation escalated. The alleged victim suffered a broken nose.
Marcus had no prior record, but the felony charge threatened his job, his housing lease, and custody of his child.
Here’s how Martine Law helped:
- Collected witness statements showing Marcus acted in self-defense
- Provided character references from his employer and community
- Negotiated the charge down to a gross misdemeanor
- Arranged for a stay of adjudication with probation and anger management
Today, Marcus is eligible for expungement and back on track. His story isn’t unique—and yours doesn’t have to end in a conviction either.
FAQs: Understanding Your Rights and Options
Q: Can I be charged with assault even if I didn’t hit anyone?
Yes. Minnesota law considers threats or attempts to cause harm as assault, even without contact.
Q: What if I returned the stolen item?
Returning stolen property may reduce the severity of your charge, especially if done promptly—but it doesn’t automatically cancel out the crime. Still, it may help during plea negotiations.
Q: Will a misdemeanor show up on a background check?
Yes. Misdemeanor convictions are part of your permanent criminal record unless expunged.
Q: How long do I have to wait to clear a theft or assault charge?
For most misdemeanors: 2 years after sentence completion
For most felonies: 4–5 years, depending on severity and post-sentence conduct
Q: Should I talk to the police if I’m innocent?
No. Politely assert your right to remain silent and request an attorney. Even innocent explanations can be twisted or misunderstood.
Why Martine Law?
When your reputation, rights, and record are on the line, you can’t afford to go through the Minnesota criminal justice system alone.
At Martine Law, we provide:
- Aggressive defense against theft and assault charges
- Personalized strategy based on your goals
Support for expungement and immigration issues - Bilingual service in English and Spanish
- Clear communication from day one
We’ve helped countless clients turn legal trouble into second chances—and we’re ready to help you too.
📞 Contact Martine Law today for a free, confidential case review.